Penfield v. Jacobs
New York Supreme Court
THE plaintiff recovered a judgment against the defendant for $4.03 damages, and $1.42 costs, before Jesse Palmer, Esq., a justice of the peace; from which judgment the defendant appealed to the Delaware county court. After the appeal was made, Palmer was elected county judge of the county and was acting as such. He certified that fact, pursuant to § 30, sub. 13 of the code, and the cause was brought to a hearing at a special term of this court.
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THE plaintiff recovered a judgment against the defendant for $4.03 damages, and $1.42 costs, before Jesse Palmer, Esq., a justice of the peace; from which judgment the defendant appealed to the Delaware county court. After the appeal was made, Palmer was elected county judge of the county and was acting as such. He certified that fact, pursuant to § 30, sub. 13 of the code, and the cause was brought to a hearing at a special term of this court. The judgment was founded upon an account, containing several items. The right to recover for items amounting to $1.65 was barred by the statute of…
1Opinion of the CourtBalcom, J.
The judgment of the justice should not be reversed on the ground that the whole admissions of the defendant, taken together, show that there was no liability on his part. If the evidence had shown but the simple declaration of the defendant, that “he had the goods, but paid for them,” the evidence would not establish a right of action. There was enough in the statements of the defendant to warrant the justice in disregarding his assertions that he had paid the account. He at one time claimed he had the plaintiffs’ receipt for the samé, and at another time, when one of the plaintiffs was…
2Cases cited1 opinion
- Dorlon v. DouglassNew York Supreme Court · 1849
3Cited by2 opinions
- Dugan v. Longstaff, New York County Courts1906
- Graves v. SantwayNew York Supreme Court · 1889